Chapter 17.10
PROCEDURE
Sections:
17.10.010 Submission for recommendation and approval.
17.10.020 Building permits.
17.10.030 Preliminary plat.
17.10.040 Final plat.
17.10.050 Time limitation for recording.
17.10.060 Conditions stated on plat.
17.10.070 Preliminary development plan as substitute for preliminary plat.
17.10.080 Minor subdivisions.
17.10.090 Lot splits.
17.10.010 Submission for recommendation and approval.
A. All final plats of subdivisions within the corporate limits of Gardner and as defined herein shall be submitted to the Planning Commission for its consideration and its recommendation shall then be submitted to the Governing Body for its official consideration and action.
B. Except as otherwise provided in this chapter, no subdivision may be created nor any plat recorded with the Johnson County Records and Tax Administration (RTA) Office until both a preliminary and final plat have been submitted and approved in accordance with the provisions of this title. Approval of a preliminary plat does not constitute acceptance of the subdivision, but authorizes preparation of the final plat. No improvements shall take place within the platted area prior to the submittal and approval of construction plans by the City Engineer. (Ord. 2254 § 2)
17.10.020 Building permits.
A. No building permits shall be issued for unplatted property unless the platting procedures of this chapter are waived by the Planning Commission and Governing Body.
B. Criteria for waiving the requirement for final platting a property for the issuance of a building permit:
1. Building permits for interior improvements to a structure, including basement finishes;
2. Building permits for decks, porches and fences and other minor nonstructural additions to a building;
3. Building permit for a mobile home setup;
4. Reconstruction of a structure destroyed by not more than 50 percent of its appraised valuation through fire, explosion, act of God or the public enemy;
5. Reconstruction of a structure destroyed by more than 50 percent of its appraised valuation through fire, explosion, act of God or the public enemy, when the size and footprint of the replacement structure is substantially the same as the original structure;
6. One-time expansion of the usable square footage of an existing structure by less than 10 percent;
7. Construction of a residential ancillary structure of less than 400 square feet in size. (Ord. 2254 § 2)
17.10.030 Preliminary plat.
A. A preliminary plat of the proposed subdivision shall be prepared by the subdivider or his agent and submitted to the Planning Commission prior to preparation of a final plat for a record. The Commission shall satisfy itself that the proposed street pattern and land use will conform to the Community Development Plan, zoning ordinance and other local standards.
B. Ten prints of the preliminary plat shall be submitted based on the adopted application submittal scheduled prior to the meeting date at which approval is asked. The preliminary plat shall contain the following:
1. The proposed name of the subdivision and the names of any adjacent subdivisions;
2. The boundary lines of the tract with approximate dimensions and a legal description of the tract;
3. The general location, width and alignment of existing and proposed streets, sidewalks and any highways and alleys; existing sanitary sewer and water lines; storm sewers; transmission lines for gas or electric; and easements;
4. The general pattern and sizes of proposed lots and tracts; total area of tract; number of proposed lots; and average area per lot;
5. The size and types of proposed easements;
6. The proposed use of land, whether for single-family, multifamily, commercial, industrial, parks, schools, etc.;
7. Topography of the area contained in the plat shown by two-foot or five-foot contour intervals;
8. All platted or existing streets and property lines on land adjacent for a distance of not less than 400 feet;
9. A vicinity map showing the section, township and range at a scale of one inch equals 2,000 feet or greater;
10. The names of the subdivider, the firm responsible for preparation of the plat, north point, scale, date of preparation and any revisions, and space for endorsement by the City Engineer and Planning Commission.
C. The Commission shall approve or deny the preliminary plat as submitted or may approve the plat as submitted subject to specified changes. Upon denial, the subdivider may appeal the Commission’s decision to the Governing Body who may affirm or reverse the same. Upon approval, any objector may appeal the Commission’s decision to the Governing Body who may affirm or reverse the same.
D. Approval of the preliminary plat does not constitute acceptance of the subdivision, but authorizes preparation of the final plat. No grading for streets or construction of improvements shall take place in the subdivision prior to the submittal to and approval of construction plans by the City Engineer.
E. Approval of the preliminary plat is effective for one year, unless the Planning Commission grants an extension. If a final plat is not submitted for approval within one year of the approval of the preliminary plat, the preliminary plat must be re-submitted to the Commission. (Ord. 2254 § 2)
17.10.040 Final plat.
A. After the preliminary plat has been approved by the Planning Commission, or by the Governing Body on appeal, a final plat for record shall be prepared and submitted to the Planning Commission and, upon approval, to the Governing Body for final approval. The final plat may contain all or a portion of the area contained in the preliminary plat. The final plat must conform to the street patterns, lot size and pattern and other conditions of the preliminary plat as approved.
B. Ten prints of the final plat shall be submitted based on the adopted application submittal scheduled prior to the date of the Planning Commission meeting at which approval is asked. The plat shall be drawn to a scale of one inch equals 50 feet to one inch equals 200 feet and shall contain the following:
1. The name of the subdivision and any adjacent subdivisions, the names of streets which shall conform to the existing pattern, and a system of lot and block numbers in any orderly sequence shall be shown on the plat;
2. A boundary survey of third order surveying accuracy (maximum closure error one in 5,000), with bearings and distances referenced to section or quarter section corners;
3. The plat shall contain the following data: The length and radii of all curved street and lot lines and the bearings and lengths of all straight street and lot lines and the area in square feet of each lot and/or tract. Bearings and distances referenced to section or one-quarter section lines. If exterior bearings and dimensions do not coincide with adjoining plats, show recorded information of existing adjoining plats;
4. The dimensions in feet and decimals of feet of all lots, the location of building setback lines along front and side streets and the location and dimensions of all necessary easements shall be shown on the plat;
5. Certification of dedication of all streets, highways and other rights-of-way or parcels for public park or other public use, signed by the owners and all other parties who have a mortgage or lien interest in the property;
6. Certification by a registered land surveyor to the effect that the plat represents a survey made by that surveyor; and meeting Kansas State Statutes in all respects;
7. North point, scale and date; firm responsible for preparations of the plat and revision dates if used;
8. Space for endorsement of the plat by the Planning Commission and Governing Body. (Ord. 2254 § 2)
17.10.050 Time limitation for recording.
A. Any plat of a subdivision of land approved by the Governing Body shall be recorded within 24 months after approval.
B. Any plat not recorded within 24 months from the date of acceptance of easements and rights-of-way by the Governing Body shall be null and void. (Ord. 2254 § 2)
17.10.060 Conditions stated on plat.
All conditions to approval of a subdivision by the Planning Commission which run with the land or the acceptance of dedications of land by the Governing Body, and all rule exceptions granted by the Planning Commission, shall be clearly stated on the final plat prior to its recording by appropriate City officials. (Ord. 2254 § 2)
17.10.070 Preliminary development plan as substitute for preliminary plat.
Where property has been zoned to a planned zoning district, an approved preliminary development plan may substitute for a preliminary plat where said preliminary development plan contains all information required for preliminary plats. (Ord. 2254 § 2)
17.10.080 Minor subdivisions.
Minor subdivisions may be presented by combining the preliminary and final plat. For purposes of this section, a “minor subdivision” shall mean a subdivision containing not more than three lots. (Ord. 2254 § 2)
17.10.090 Lot splits.
A. A previously platted lot may be divided as a lot split by either metes and bounds description or by replatting. If such a lot is to be divided by metes and bounds description, it may only be divided one time and by only one new dividing lot line, and shall not again be divided without replatting. Any such lot split need not comply with the procedures set out in this title for platting. All lots produced by a lot split shall conform to all minimum standards of this title and other applicable codes of the City. Upon receipt of an application for a building permit for a lot produced by a lot split, the Codes Administrator shall, within 30 days, determine if the lot split is in compliance with this title. The applicant may appeal to the Governing Body for issuance of said permit if the Codes Administrator fails to make said determination within the 30-day time period.
B. Lots zoned for industrial purposes may be divided into two or more tracts without replatting such lot; provided, however, that the lot so produced shall conform to all minimum standards of this title and other applicable codes of the City. (Ord. 2254 § 2)